OC (the_outcasts) wrote in artists_beware,

ToS question

Hi everyone! I've been wanting to get back into doing commissions and have started writing up a ToS and commission form for myself.

But one thing I'm paranoid about is the sudden influx of chargebacks some artists have been experiencing. I know that there's no sure fire way to protect yourself from this happening, or a way to make Paypal's decision work in your favour, but I did write something in my ToS regarding them:

Please make sure that you are using your own Paypal/Bank/credit card account and funds - if you are using your parents or guardian's Paypal/Bank/credit card account and funds please provide evidence that you have received permission to use it.

If I receive a chargeback from you due to your parents or guardians requesting it despite this you will be blacklisted permanently, a warning will be sent to Artists Beware, and I will request for any uploaded images to be removed by site admins. Images can be reuploaded once payment is received again, and any published warnings will be updated to advise that payment has been received, but blacklisting will not be revoked.

If not stated I will assume that you are using your own accounts for payment - if a chargeback is requested I will be informing Paypal that it was never mentioned that the funds were not your own and that you accepted responsibility to pay for your commission using these funds.

The questions I had in regards to this is:

1. Can I even have something like this in my ToS?
2. If yes, is it worded okay?
3. If no, do I have any other options that might help in the event of a chargeback? (I know people have mentioned sending CDs/USBs to customers, but I'm not sure if that can be an option for me at this stage)

In terms of proof I'm thinking like a screenshot of an email or a photo of a note. I'm not really seeing the need for this, but I know there may be the odd occasion where I may be commissioned by someone younger, or someone that may think they can just buy something without asking to use their guardian's Paypal first and falling into strife later for it.

In the commission form itself I also have a dropdown menu that asks "Are you using your own funds? Yes/No" that has to be filled out before submitting the form, but may revise it to "your own Paypal".

So yeah, any thoughts? I really want to do commissions again but I want to make sure I'm keeping myself covered so it's as headache free as possible.
Tags: advice for artists

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